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767.02 GENERAL PROHIBITION ON PLACEMENT.
No owner of a donation box shall place or maintain a donation box on any property in the City of Mansfield unless such owner shall register with and obtain a permit for such donation box from the Bureau of Building, Inspections, Licenses, and Permits in accordance with the requirements of this Chapter. A donation box located inside of a building shall not require a permit. (Ord. 16-031. Passed 2-2-16.)
767.03 REGISTRATION AND PERMIT APPLICATION, RENEWAL AND FEE.
(a) Eligibility. The Bureau of Building, Inspections, Licenses, and Permits shall not issue a permit to any donation box owner who:
(1) Is not a tax-exempt organization under 26 U.S.C. 501(c)(3);
(2) Does not maintain a donation box in accordance with the physical standards established under Section 767.04
;
(3) Would otherwise as a result of such approval be in violation of a prohibited location or maximum number under Section 767.05
; or
(b) Before placing a donation box on any property in the City of Mansfield, the owner of the donation box shall file a permit application with the Bureau of Building, Inspections, Licenses, and Permits containing the following:
(1) The name, address, phone, fax and email of the owner;
(2) The name, address, phone, fax and email of a person or persons primarily responsible for placing, emptying, servicing, maintaining, and removing the donation box;
(3) A one hundred dollar ($100.00) fee, per donation box, which shall not be prorated based upon the time of the year the permit application is filed;
(4) The name and address of the party in control of the private property upon which the donation box will be placed, and written authorization from the party in control of the private property, including the terms of its placement by lease or otherwise;
(5) Such other information or material as the Bureau of Building, Inspections, Licenses, and Permits may require.
(c) The Bureau of Building, Inspections, Licenses, and Permits shall not approve the application unless it is found that no provisions of the City's Building Code or Zoning Code will be violated by issuance of the permit, including without limitation the following:
(1) Set back requirements;
(2) Use restrictions;
(3) Those portions of the Zoning Code that require that a specified number of parking spaces be available for the use of a particular business.
(d) Permit Term. Permits shall be valid from the date of issuance until January 1st of each year. Prior to expiration of a permit, any owner who intends to place, display or maintain a donation box shall obtain a new permit for the next calendar year. Once the permit is issued for the first time or subsequently renewed, all donation box owners will receive a placard stating a permit has been issued for the calendar year. This placard must be displayed on the donation box at all times. (Ord. 16-031. Passed 2-2-16.)
767.04 STANDARDS.
Every donation box shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the forgoing, each donation box shall be serviced and maintained so that it is free of dirt and grease, free of chipped, faded, peeling, and cracked paint, free of rust and corrosion, and free of cracks, dents, blemishes, and discoloration. Donation boxes shall be emptied regularly and within forty-eight (48) hours of the primary contact person being notified by any City official that the box is full. Each donation box shall clearly state the name, address, and phone number of the charity to which the donated items will benefit.
(Ord. 16-031. Passed 2-2-16.)
767.05 LOCATION AND MAXIMUM NUMBER OF BOXES PER PROPERTY.
(a) No person shall place or maintain and no property owner or tenant shall permit or maintain any donation box in any location that obstructs the sight lines of vehicular traffic.
(b) No more than two (2) outdoor donation boxes shall be permitted on any parcel of property.
(Ord. 16-031. Passed 2-2-16.)
767.06 CORRECTION ORDERS.
(a) Upon determination of the Bureau of Building, Inspections, Licenses, and Permits that a donation box has been placed or is being maintained in violation of this Chapter, an order to correct the offending condition shall be served on the donation box owner or primary contact person designated by the permit holder by certified mail. If no permit application for the donation box has been filed with the City, as required by Section 767.03
, the order shall be served on the party in control of the property in person or by certified mail. The order shall describe the offending condition and actions necessary to correct the condition. The order shall provide that the offending condition shall be corrected within five (5) business days after receipt of the order, or an appeal from the order be filed with the Planning Commission. If a violation is neither remedied nor appealed within the time period set forth in the order, the penalty Section of this Chapter may be enforced.
(b) Appeals of a person adversely affected by any order, requirement, decision or determination by the Bureau of Building, Inspections, Licenses, and Permits under this Chapter, including a denial of a permit, shall be decided by the Planning Commission. The Commission may affirm, disaffirm, or grant exception from the order, requirement, decision or determination from which the appeal has been taken. If the Commission affirms an order of the Bureau of Building, Inspections, Licenses, and Permits issued pursuant to division (a) of this Section, the owner shall have three (3) working days to correct the violation or remove the donation box in question; if the owner fails to correct the violation within that time, a penalty in accordance with this Chapter may result. (Ord. 16-031. Passed 2-2-16.)
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